| Chapter 095 |
| 2023 -- H 5489 Enacted 06/19/2023 |
| A N A C T |
| RELATING TO INSURANCE -- UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE AND LONG-TERM-CARE INSURANCE ACT |
Introduced By: Representatives Edwards, Solomon, Kazarian, Donovan, Roberts, Cortvriend, McEntee, Potter, Baginski, and Kennedy |
| Date Introduced: February 10, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Title 27 of the General Laws entitled "INSURANCE" is hereby amended by |
| adding thereto the following chapter: |
| CHAPTER 61.1 |
| UNFAIR DISCRIMINATION AGAINST ORGAN DONORS IN DISABILITY INCOME, LIFE |
| AND LONG-TERM-CARE INSURANCE ACT |
| 27-61.1-1. Short title. |
| This chapter shall be known and may be cited as the "Unfair Discrimination Against Organ |
| Donors." |
| 27-61.1-2. Definitions. |
| As used in this section, the following terms apply: |
| (1) "Insurance coverage" means coverage under a disability income, life, or long-term-care |
| insurance policy. |
| (2) "Living donor" means an individual for which of whom both of the following apply: |
| (i) Has donated all or part of an organ or bone marrow; and |
| (ii) Is not deceased. |
| 27-61.1-3. Unfair discrimination against organ donors. |
| Notwithstanding any other provision of law to the contrary, an insurer or issuer of a |
| disability income, life, or long-term care insurance policy shall not deny, cancel, or refuse to issue |
| insurance coverage, determine the price or premium for, or otherwise vary any term or condition |
| of the policy solely on the basis of the individual's status as a living donor and without any unique |
| and material actuarial risks in accordance with sound actuarial principles or actual and reasonably |
| anticipated and expected experience of the individual based on the individual's status as a living |
| donor. |
| 27-61.1-4. Enforcement. |
| Violations of this chapter are subject to the provisions of ยงยง 27-29-8 and 27-29-9 and may |
| include injunctive relief and/or a requirement of restitution. The powers and duties set forth in this |
| section are in addition to all other authority of the commissioner. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001552 |
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